winds will b picking up and temperatures changing dramatically. >> a truck plowing through a hotel lobby. why police say it was no accident. >> the surprise home coming bringing a family together for christmas. only on 5 tonight his side of the story. the driver of the run away red line train is denying the charges. >> newscenter 5's john atwater is live with what he says really happened. >> investigators have said it appears the operator wrapped a cord around the controls on the train but tonight his attorney says that is not true. >> this is a man who was conscientious about his job. >> this is a job david vasquez has done for 21 years and his lawyers say he never would have compromised safety on the red line train that took off and traveled four stops without him last week. did he wrap a cord around some of the controls on the train? >> there is no indication he wrapped a cord around the controls.

and he categorically denies he would do anything like that. >> it has been said it appeared he rigged a cord around the throttle and forgot to set emergency brakes before leaving a train to manually flip a switch to bypass signal problems. >> it could be mr. vasquez deployed the brakes and they failed. >> vasquez did not attend his disciplinary hearing today. his lawyer says he was following doctor's orders to limit stress. >> he is having a very, very difficult time with the cushons as well as the incident itself. >> his lawyers say their probe should focus not only on the operator but also on aging equipment. >> talking about a system and tracks that have problems and outages and tracks that would require in order for the train to continue at the point it was at to actually disable safety systems. >> the investigation does continue tonight. no word on what may have been

hearing earlier today. john atwater, newscenter 5. >> right now the woman hit by a commuter rail train is under investigation. the 50-year-old was struck by the train around 5:00 tonight and was pronounced dead at the scene. the shuttle buses were used during rush hour. normal train service has been resumed. >> just after 11:00 and looking live in boston tonight. some heavy rain has moved through the area. strong winds are on the way. harvey is here. thunder in some areas. plymouth. strange thing. >> it is going up and hasn't finished going up. a lot of crazy stuff. first let's deal with the rain in the area. look at the darker greens and yellows and a lot is starting to slide offshore. down around cape cod and the island a hefty band of rain coming through moving very rapidly but also even trailing a few more downpours which can have thunder with it moving across into rhode island at

the steadiest rain moves offshore but still an additional shower or thunderstorm until 5:00 or 6:00 in the morning and then the skies will clear after that. at least partially clear. now look at the temperatures. providence with 61 an hour ago. a new record high for the date. it is 60 in plymouth and even 60 in albany, new york right now. boston reached its high for the day so the temperatures are actually going to keep climbing a little bit through the overnight. you'll start out around 60 in boston. 50's in the suburbs early tomorrow. it is going to be an upside down day. wind will be a big thing tomorrow as we partially clear. 20 to 40 miles per hour. higher gusts. wind advisory from 11:00 a.m. to 6:00 p.m. tomorrow. visibility still restricted along and north of the pike in some areas. somewhat better to the south. we'll talk about more changes and follow these in a little while. >> this is new at 11:00. a brazen robbery caught on camera in brewster. a gun pointed at the clerk as the crook grabs for the cash. it is surveillance video from inside the brewster farms

the robber reaches into the drawer and then grabs the money and takes off. several shoppers are just feet away watching the whole thing. if you know this man, recognize perhaps the hat, call brewster police. >> his fate is in the hands of a jury. deliberations continue tomorrow in the philip chisolm murder case. jurors are deciding if chisolm was insane when he killed his teacher inside danbridge high school. here are the questions jurors are wrestling with. >> the teenager faces four charges including first-degree murder and aggravated rape. his defense team has said from day one he did in fact murder his teacher. throughout the trial we've heard two versions of why. the challenge for the jury in the philip chisolm trial lies not in his guilt or innocence but his state of mind. >> he was totally and absolutely responding to the terrible command hallucinations in his head. >> his lawyers telling the jury chisolm then 14 committed the

a psychotic episode. prosecutors dismissed that maintaining chisolm knew right from wrong and carefully planned the october, 2013 murder. >> philip chisolm arrived at danbridge high school that morning with everything he do. >> the prosecutor emotional, explaining how she says chisolm first incapacitated then raped his math teacher and a second floor high school bathroom before putting her body in a recycling bin, pulling it out to woods near the school where he finished off the 24-year-old victim with a box cutter. >> the defendant painted a stripped, brutalized, and violated -- >> his lawyers say he was born into a family with serious mental illness pointing out his actions and claiming they are not that of a sane person. >> after leaving her body in the woods he enters the school covered with blood on his pants. he is barefoot.

it makes no sense. >> jury of eight men and four women deliberated today for about three hours. they're back at it tomorrow morning at 9:00. at stake whether chisolm is sentenced to a state mental hospital or an adult prison. wcvb, newscenter 5. >> what happens if chisolm is found insane? 5 investigates is revealing people walking free after using that defense. the new call to change the law in a few minutes tonight at 11:00. >> a public school that specializes in caring for special-ed students is now under investigation for allegedly abusing them. the local va is opening an investigation of the full services community school. last week we told you about an independent report claiming students were illegally restrained and even physically abused there. parents of tech students are asked to come forward now with information about the allegations. >> a little boy left in a van was supposed to bring him to school. right now that driver could be facing criminal charges. newscenter 5 goes live to

investigation is under way. >> a lot of people here tonight asking how could this happen? police here say it is inexcuseable. after making his morning rounds the school van driver pulled over on prospect street leaving his van blocked and unattended. no clue apparently a 5-year-old boy was sleeping in the back seat. spotting the boy a woman called 911 in spanish frantically asking for help. >> the child is visibly upset. he was alone probably a half hour, 45 minutes. >> there are only four children on the driver's route this morning. >> he admitted that the child in fact was on the bus and wasn't dropped off at the appropriate location. he's supposed to conduct an inspection at the end of his route to make -- just avoid this circumstance. he obvious daly not do that. >> the little boy attends a local charter school. transportation is not provided by the lawrence public schools.

parent to the vendor. we'll inform parents, too, and let them know hey when you choose these types of vendors you have to be thoughtful. >> police had no prior complaints against the company. nunez transport. the boy was not hurt. >> thankfully responded quickly and it ended safely and we appreciate the citizen seeing something and saying something. >> the 28-year-old driver owns and operates the school van service with his sister and tonight he stands to lose his license for failing to conduct the most basic of safety inspections. he also faces criminal charges of reckless child endangerment. live in lawrence, wcvb newscenter 5. >> we are learning more tonight about the troubling facebook post from one of the killers behind the california shooting rampage. tashfeen malik sent at least two private messages pledging

islamic jihad. >> commitment 2016 now in a new poll is giving donald trump his biggest lead yet in the republican race. 25 points ahead of his nearest competitor in this national poll, trump tops the new poll with 41%. senator ted cruz is a distant second with 14%. marco rubio, 10%. this poll was taken after trump's call to ban muslim immigrants from entering the united states. republicans hold their next debate tomorrow night. that happens in las vegas. on the democratic side, vermont senator bernie sanders says he is in good shape to pull off a major political upset. sanders admitted to a new hampshire audience today it is difficult to compete with front-runner hillary clinton's money and organization but in a one-on-one interview today with newscenter 5's janet withdrew sanders said he is tapping into the same voter base republican donald trump is. >> the fact people are tired of establishment politics and

economics, want real change, leadership prepared to stand up for the billionaire class -- stand up to the billionaire class is going to give us the edge and lead to victory. >> the most recent poll in new hampshire puts sanders 10 points ahead of clinton. >> new at 11:00 an accused child sex predator is on the run and state police are asking for your help to find him. john monroe is accused of cutting off his ankle bracelet. he is 75 years old from fall river. monroe is charged with raping a girl under the age of 10. if you know where monroe is you should call state police. >> there is no veil to the suspect in last week's triple shooting in revere. prosecutors say michael deleon shot and killed two people inside an apartment thursday. a third person was shot and badly wounded. police believe the shootings were drug related. >> the suspect in a deadly hit-and-run is held on $10,000 bail. michael burns is accused of being high on pain killers while delivering pizzas. stoughton police say burns slammed into joseph brady on

brady was walking across the street from his home to the christmas tree lot that he runs when he was killed. >> boston university is now revoking its honorary degree to bill cosby. the college says past sexual assault allegations against cosby and his own sworn deposition testimony drove its decision. in the meantime cosby is counter suing seven of the women who accuse him of drugging and raping them. the suit in massachusetts federal court accuses women of character assassination. >> next on newscenter 5 -- >> she killed her own son and is not locked up. >> she could be living in my neighborhood. >> 5 investigates the defense strategy allowing violent criminals to walk free and the trial putting it to the test right now. >> a truck plowing through a hotel lobby. why police say it was no accident.

>> we have new video. there it is.

you can see the two hotel workers jump for their lives. the speeding pickup smashed into their building. oklahoma police are saying that is no accident. according to police the driver did it on purpose because he was angry at the hotel over his bill. an officer was there trying to calm him down when it all happened. no one was hurt. the driver was immediately arrested. >> there is controversy tonight surrounding a new study linking antidepressants with autism. this study found that women who took antidepressants in the last six months of pregnancy were 87% more likely to have a autism. the research appears in the pediatric journal. many doctors are claiming there are flaws in the study and they fear it could cause unnecessary panic. the insanity defense. it is in the spotlight now as jurors decide the fate of a confessed killer philip chisolm. 5 investigates finds people who

>> there are disturbing numbers and one proposal to do something about it. >> so for 10 years she wasn't well, wasn't well. better? >> joe kirk is outraged. his ex-wife is no longer hospital. prosecutors say helen mclaughlin admitted strangling their son justin in 2005. >> she responded that didn't understand. she was following the signs. justin was the devil. >> two years later she was found not guilty by reason of insanity and committed but in february she was released. >> i have no idea where she is. >> records obtained by 5 investigates reveal this happens more than you probably realize. in the last decade many were charged with violent crimes and committed to bridgewater state hospital. most have been released including three men charged with murder.

committed to department of mental health facilities in the last 10 years after a not guilty by reason of insanity finding. aides would not reveal the crimes they were charged with. some minor some serious. however, all but eight have been released. >> it was severely mentally ill. >> the insanity defense is at the center of the philip chisolm trial. the teenager accused of killing teacher colleen ritzer in the girls' bathroom of the high school. his defense team says chisolm had a psychotic break. >> eventually some of these folks will get out and they can quite possibly commit very serious crimes going forward. >> the suffolk county district attorney says not reason by reason of insanity verdicts have troubled him for more than a decade. his office tried but failed to stop the release of angela vasquez who was found not guilty by reason of insanity for the poisoning deaths of her two children in 2007. >> this is very, very disturbing because these

of the most vicious murders you've ever seen. >> conley believes massachusetts should go the way of more than 20 other states and consider adopting a guilty but mentally ill finding which would require defendants to go back to prison if doctors later determine they are no longer mentally ill. >> a lot of times these folks can relapse and go off their meds and if they do they become very dangerous and violent people. i believe they should adopt that and take a good look into that situation. >> something joe kirk supports but forensic psychologist ira packer does not. >> saying these people are guilty and throwing them in prison really doesn't accomplish very much. >> dr. packer says massachusetts can do better by requiring monitoring for those released instead of sending them to prison. >> the data are very clear. people found not guilty by reason of insanity have a very low rate of committing another violent act. >> the insanity defense is used rarely and when it is it is usually not successful. as for helen mclaughlin who strangled her 3-year-old son,

tragic and says she had no idea she was killing him. >> take a live look at the city. heather, you and i know the city very well. that is. >> the fog can ruin everything. >> really sort of like dissecting --. >> thank you. it's been kind of going in and out because we've been oz lating right near a weather front tonight. i'll show you that in just a moment. if you look at the darkest greens and yellows a lot of that is passed offshore but that is not the end of it. we still have a few down toward providence and fair haven and cape cod. those downpours can contain a little thunder because the air time of the year as well as warm. now, here you can see the rapid movement of the first patch of rain but some additional showers coming on through the region. this is how much rain has fallen so far. about a half inch in orange. third of an inch in boston. half an inch in block island. still not done with the rainfall yet. look at this temperature

actually it is icy, in extreme northern maine and up into quebec. here it is so warm. new york city, 64. right now it's 67 in the nation's capital. then it's cooler behind it. we have a whole storm and a weather front coming through. first we're getting into the warmer air and then the front will come through and behind it tomorrow we will be bindi but it is not going to really turn much colder. tomorrow will be an unusually mild but very windy day and then we'll turn somewhat chillier for tomorrow night and wednesday. even then we'll still be above average. here is a look at future cast taking most of the rain offshore. maybe one last burst of showers around 5:00 or 6:00 in the morning and then the skies will at least partially clear. the wind will pick up in the wake of this tomorrow and that will be the biggest aspect of the day from late morning through afternoon. the visibility is better than it was before. the high point today at 60 degrees.

we'll go up a little bit more. 60 in albany right now. an unusually mild start to the day tomorrow. look at these temperatures to greet you as you head out and the rain is coming to an end. few degrees cooler but that is still 50's in mid december. the wind will make it feel a little bit chillier but a lot easier to take that strong wind when it is # 5 than if it was bitterly cold out. cooler weather comes in overnight tomorrow night and then wednesday is a decidedly cooler day. as i mentioned, that is still above where we should be this time of the year. there is the wind tomorrow west at 20 to 40 from late morning through the early evening. a few higher gusts are possible. that is why there is a wind advisory in effect. 11:00 a.m. to 6:00 p.m. there's the visibility. still pockets of low visibility but not as widespread as it was earlier. we're not seeing that quarter and half mile visibility. things have improved. tomorrow visibility will be fine. wednesday sunshine and a few patchy clouds with the somewhat cooler weather. next system comes in on

by midday and afternoon more wet weather up from the south at that time. here is december so far. almost nine degrees above average. could be headed for an almost record tomorrow. tomorrow night the wind, in terms of gusts, from late morning to late afternoon gusts could be up to 40 miles per hour in places and cooler on wednesday, wet on thursday. cooler on friday. cold or seasonabley cold friday night, saturday, saturday night, recally on sunday. we start to moderate monday and right now all signs point to unusually warm weather by the time we get to christmas eve. by the way, the patriot game i would say upper 30's to around 40 with sunshine and 10 to 15-mile-per-hour winds on sunday. >> talking july 4th weather for christmas? >> this is becoming an annual

a hundred boston kids were taken shopping tonight at the target store. look at her. i want that one. >> great smile. >> absolutely. the program -- look at that gift. it's bigger than he is. the program is aimed at forming connections between the city's youth, and the police officers. is. >> this is great video. >> she had no idea her soldier daddy was coming home from

>> hi, daddy. >> that hi daddy melts me. abby got the surprise of her young life when her dad showed up at preschool. >> i love her response. he had been serving overseas and was not expected home for sometime. >> i was intending to stay in korea until october this year. and then we got orders to come back. so it was a shock. but it's a good shock to come back. >> the family kicked off their holiday celebration at the bruins game tonight. unfortunately, the bruins didn't win for them. next on the agenda even better. picking out a christmas tree and home sweet home. >> i guarantee it didn't ruin their night at all. >> sanity is -- santa is a little early on this one. >> yes.

>> i'm actually keeping this right on the dolphins-giants game because if the dolphins lose the patriots can clinch the a.f.c. east. don't ask. it's complicated. i researched it. trust me. it will happen. trust me it is true. right now 24-24 until odell beckham jr. harding asked this question how do you let him get that wide open? 72-yard touchdown put the giants on top. about seven minutes, 4:30 to go in this game and the giants winning. meanwhile last night nobody was happyier to have gronk back than tom brady. >> he got us started early with the big catch and run on i think our second try. he had a big touchdown catch, a

quarter where he's just a dominant player. he creates a lot of mismatch problems. and it was great to have him out there. his production, even when he doesn't get the football, allows other people to free up and get decent coverage. he has an effect on the pass rush because they got to put multiple guys in coverage. he's just a great player. >> all right. in the garden tonight peter was smiling because he came back and beat the team that fired him in overtime despite the bruins pounding them with 49 shots. bruins lose in overtime. edmonton won six in a row. late second period the bruins cut the deficit in half and are now down to one. under 5:00 to go in the game. brad marchand would tie it up for the bruins. we got ourselves a 2-2 hockey game. so go to overtime.

scores. the edmonton oilers who are hanging on all night win it 41 seconds into sudden death overtime. >> never even crossed center ice. they lose 3-2. they had beaten edmonton eight straight times in the garden but not tonight. there you go. hang on. >> we have about 10 seconds left. explain what would happen. >> the fifth and sixth tiebreaker. don't get me going. last time i did this i said it was tougher than a rough rick cube and someone came in with a rube ricks cube. took three times before i explained it. complicated? >> what's that? >> wishing you happy birthday! >> you've had a good day. >> thank you very much. every day working with you guys is a great day. >> we are great. >> thank you. >> and celebrating the

>> when my mother was alive, just say i'm 49, eddie.

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